Labour Code Advisor

CHAPTER III - RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS

Section 18. Immunity from civil suit in certain cases.

(1) No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any 3[office-bearer] or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act in duces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.

(2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil Court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the Trade Union.

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

  • 1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962; to Pondicherry by Reg. 7 of 1963 (w.e.f. 1-101963)and to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.The Act has been amended in its application to Maharashtra by Maharashtra Act 3 of 1968 and to Madhya Pradesh by MadhyaPradesh Acts 28 of 1960 and 16 of 1968.
  • 2. The words “in the Provinces of India” omitted by Act 42 of 1960, s. 2.
  • 3. The word “Indian” omitted by Act 38 of 1964, s. 3 (w.e.f. 1-4-1965).
  • 4. Subs. by the A.O. 1950, for sub-section (2).
  • 5.The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Sch.(w.e.f. 1-9-1971).
  • 6. 1st June, 1927, sec Gazette of India, 1927, Pt. I, p. 467.
  • 7. Ins. by the A.O. 1937.
  • 8. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
  • 9. Subs. by Act 42 of 1960, s. 3, for cl. (f).

Page 4

  • 1. Section 3 renumbered as sub-section (1) thereof by Act 42 of 1960, s. 4.
  • 2. Subs. by the A.O. 1937, for “Each L.G.”.
  • 3. Subs., ibid., for “the Province”.
  • 4. Ins. by Act 42 of 1960, s. 4.
  • 5. Section 4 renumbered as sub-section (1) thereof by s. 5, ibid.
  • 6. The Provisos ins. by Act 31 of 2001, s. 2 (w.e.f. 9-1-2002).
  • 7. Ins. by Act 42 of 1960, s. 5.

Page 5

  • 1. Ins. by Act 31 of 2001, s. 3 (w.e.f. 9-1-2002).
  • 2. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 3. Subs. by Act 31 of 2001, s. 4 (w.e.f. 9 -1-2002).

Page 6

  • 1.Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 2. Subs. by Act 31 of 2001, s. 4, for “appointed” (w.e.f. 9-1-2002).
  • 3. Ins. by s. 4, ibid., (w.e.f. 9-1-2002).
  • 4. Ins. by s. 5, ibid., (w.e.f. 9-1-2002).
  • 5. Ins. by s. 6, ibid., (w.e.f. 9-1-2002).

Page 7

  • 1. Subs. by Act 15 of 1928, s. 2, for section 11.
  • 2. The words “or of Rangoon” omitted by the A.O. 1937.
  • 3. Ins. by Act 31 of 2001, s. 7 (w.e.f. 9-1-2002).
  • 4. Subs., ibid., for “L.G.”.
  • 5. Clauses (c) and (d) rep. by Act 25 of 1942, s. 2 and the First Schedule.
  • 6. Subs. by Act 42 of 1960, s. 7, for clause ( e).

Page 8

  • 1. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 2. Subs. by the A.O. 1937, for “G.G in C.”.

Page 9

  • 1. The words “the Government of India Act” have been successively amended by the A.O. 1937, the A.O. 1950 and Act 42 of1960 to read as above.
  • 2. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1 -9-1971).
  • 3. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).

Page 10

  • 1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
  • 2. The proviso omitted by s. 4, ibid. (w.e.f. 1-4-1965).
  • 3. Ins. by s. 5, ibid. (w.e.f. 1-4-1965).
  • 4. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
  • 5. Subs. by Act 31 of 2001, s. 8, for section 22 (w.e.f. 9-1-2002).

Page 11

  • 1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).

Page 12

  • 1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).
  • 2. Subs. by s. 2, ibid., for “officers” (w.e.f. 1-4-1965).
  • 3. Ins. by Act 42 of 1960, s. 9.
  • 4. The words “Subject to the control of the G.G. in C. ” omitted by the A.O. 1937.
  • 5. Subs. ibid., for “L.G.”.
  • 6. Ins. by Act 31 of 2001, s. 9 (w.e.f. 9-1-2002).

Page 13

  • 1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).